On Tuesday, the American Civil Liberties Union (ACLU) and 10 media companies and nonprofits sued the state over its new ban on recording police within 8 feet. The groups argued in their lawsuit that the ban violates the constitutional rights to free speech and a free press.
The law, HB2319, requires observers to obtain an officer’s permission in order to film within that distance while officers are questioning, arresting, or handling disruptive or otherwise abnormal behavior. If not, the filmer may be charged with a misdemeanor.
However, individuals personally approached or stopped by police may record within 8 feet — so long as they’re not being searched, arrested, or tested for sobriety — as well as bystanders in an enclosed structure of private property where the law enforcement activity is taking place, so long as officers don’t ask the bystander to leave.
The organizations filed the lawsuit in the U.S. District Court for Arizona. Those named in the suit were Attorney General Mark Brnovich, Maricopa County Attorney Rachel Mitchell, and Maricopa County Sheriff Paul Penzone. A spokeswoman for the attorney general’s office told AP News on Tuesday afternoon that they hadn’t received the complaint, and therefore couldn’t comment.
BREAKING: We’re suing Arizona over a law that makes it a crime to record police officers if you’re within 8 feet of them.
We have a First Amendment right to record police in public. Full stop.
Media companies joining the ACLU in the lawsuit are: Phoenix Newspapers (Arizona Republic); Gray Media Group (AZFamily and KOLD); Scripps Media (ABC15 Arizona, CW61 Arizona, KGUN9, CW Tucson); KPNX-TV (12News); Fox Television Stations (Fox 10 Phoenix, Tucson News Now, Your TV Family); NBCUniversal Media (NBC News, MSNBC, CNBC, Telemundo Arizona); Arizona Broadcasters Association; States Newsroom (Arizona Mirror); Arizona Newspapers Association (represents 84 newspapers); and the National Press Photographers Association.
BREAKING: ACLU, Arizona media organizations (including @abc15) just filed a lawsuit to challenge Arizona’s new law banning people from videotaping police activity within 8 feet of the officers. It’s a First Amendment complaint.
The plaintiffs recounted in the lawsuit how their lobbying efforts to defeat HB2319 failed in the past legislative session.
Several news organizations, including The Arizona Republic, are joining the ACLU of Arizona to challenge a new state law banning close-range recordings of Arizona police. https://t.co/31Er0LiNFD
The lawmaker who came up with HB2319 was State Representative John Kavanagh (R-Fountain Hills), a former New York Police Department (NYPD) officer. In a March opinion piece defending the ban, Kavanagh explained that individuals filming within 8 feet of an officer posed a potential danger to active investigations and arrests.
“Police officers have no way of knowing whether the person approaching is an innocent bystander or an accomplice of the person they’re arresting who might assault them,” wrote Kavanagh. “Consequently, officers become distracted and while turning away from the subject of the encounter, the officers could be assaulted by that subject or that subject could discard evidence or even escape.”
Kavanagh introduced the bill in response to requests from Tucson police officers who experienced bystanders videotaping as close as one foot behind them, even during arrests.
Governor Doug Ducey signed Kavanagh’s bill into law last month. The ban goes into effect on September 24.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Monday evening, FBI agents raided former President Donald Trump’s household-name Florida home, Mar-a-Lago. The Department of Justice (DOJ) is seeking at least 15 boxes of missing records from Trump’s administration that the National Archives seeks to recover.
Mainstream media received the inside scoop, many making retroactive edits and falling in line with a euphemistic switch from “raid” to “search” preferred by former and current Biden administration officials. Establishment media knowledge of the raid outpaced what Republican elected officials told the public they knew.
Please folks stop calling it a “raid.”
— Symone D. Sanders-Townsend (@SymoneDSanders) August 9, 2022
🦀🦀🦀🚨🚨🚨🚨🚨 > FBI says they don't like the term "raid" > MSNBC and New York Times seen CHANGING their headlines, ERASING their usage of that word
A number of unnamed insiders supplied details of the raid to the following outlets: Axios, Reuters, CNNreported that the raid concerned potentially classified documents taken by Trump, NBCreported that the search warrant was connected to the National Archives, the Washington Postreported that the potentially classified documents in question may have been taken to Trump’s residence instead of sent to the National Archives, and Politicoreported that paper records were seized.
The Arizona Republican Party said that the Biden administration crossed an “unprecedented line” in American history. The organization called on Senators Mark Kelly (D-AZ) and Kyrsten Sinema (D-AZ) to seek an explanation for the raid, which they claimed was a historical level of political targeting.
“[Biden’s] administration has weaponized the Judicial System — the raid at President Trump’s home was an act of political warfare,” stated the organization.
This abuse of power must stop, and the only way to do that is to elect Republicans in November. pic.twitter.com/ExnYWGkpnm
Neither Kelly or Sinema have commented on the Trump raid, as of press time. When Tuesday came, they focused their messaging on President Joe Biden’s passage of the CHIPS and Science Act: a $280 billion package with $52 billion in subsidies to increase domestic production of semiconductor chips, also called “integrated circuits” (ICs) or “microchips.” Both Democratic senators issued support in the hopes that Arizona would attract manufacturing plants from Intel and other companies.
Huge news, Arizona – our bipartisan Chips and Science Act was just signed into law! We worked hard to secure this historic investment in semiconductor manufacturing in Arizona and across the country, strengthening our supply chains and lowering costs for everyday families.
The Arizona Democratic Party issued their response to the Trump raid in the context of the statement released by Republican gubernatorial candidate Kari Lake. Their party didn’t comment on the legitimacy or significance of the raid.
“Be wary of someone seeking government office who doesn’t understand the law, and pours fuel on the fire when issues arise,” said the organization.
Some very concerning language here.
Be wary of someone seeking government office who doesn’t understand the law, and pours fuel on the fire when issues arise. https://t.co/U7Q3ZwtMUX
Governor Doug Ducey didn’t remark on the raid. His silence wouldn’t be uncharacteristic. The Republican Governors Association (RGA) convened last November at the Biltmore resort in Scottsdale to plan the defeat of Trump-endorsed candidates.
Trump’s endorsed candidates swept the primaries last week. Lake, Blake Masters (U.S. Senate), Paul Gosar (incumbent, U.S. House), Mark Finchem (secretary of state), Abraham Hamadeh (attorney general), David Farnsworth (Arizona House), Anthony Kern (Arizona Senate), Wendy Rogers (Arizona Senate), Robert Scantlebury (Arizona Senate), and Janae Shamp (Arizona Senate) secured their spots as the Republican candidates for November.
Arizona’s Republican congressional leaders spoke out against the Trump raid.
Congresswoman Debbie Lesko (R-AZ-08) pointed out that the FBI was fixated on Trump but ignoring claims of corruption linked to the Biden family, via the evidence of Hunter Biden’s laptop, and Hillary Clinton via her mass email deletion.
“This seems to be yet another example of the Department of Justice’s hypocrisy and political bias,” stated Lesko.
(1/2) President Trump said his Mar-a-Lago home was raided by the FBI, the same FBI that has ignored evidence on Hunter Biden’s laptop and has not gone after Hillary Clinton for deleting over 30,000 emails.
— Congresswoman Debbie Lesko (@RepDLesko) August 9, 2022
Lesko pledged to investigate DOJ abuses if Republicans secure the majority come November. Congressman Paul Gosar (R-AZ-04) went one step further. He pledged support to get rid of the FBI.
Congressman Andy Biggs (R-AZ-05) said that he’s attempted to gather insight on why the FBI raided Trump’s home.
“The only thing missing from the unprecedented FBI raid at President Trump’s home is Muammar Gaddafi’s sunglasses and cap on Joe Biden,” tweeted Biggs. “I stand by President Donald J. Trump.”
The FBI and DOJ have weaponized their powers against Americans who disagree with them politically.
The House Oversight Committee requested that FBI Director Christopher Wray provide it with a briefing.
White House Press Secretary Karine Jean-Pierre declared Tuesday that neither Biden or anyone in the White House had knowledge of the raid. Insiders that informed Politico of the raid confirmed the White House’s denial.
On Tuesday, Trump posted a campaign-style video that concluded with the statement, “the best is yet to come.” The post and its rhetoric led to speculations that Trump would launch a third presidential candidacy.
“We are a nation that’s become a joke. But soon we will have greatness again,” said Trump. “As long as we are confident and united, the tyrants we are fighting do not even stand even a little chance, because we are Americans and Americans kneel to God and God alone. It’s time to start talking about greatness yet again,” said Trump.
